Drug War Chronicle

comprehensive coverage of the War on Drugs since 1997

Michigan Supreme Court Rules Against Medical Marijuana Shops

In a ruling issued Friday, the Michigan Supreme Court held that it is illegal to sell medical marijuana through dispensaries. That means Michigan patients will either have to grow their own or rely on a designated caregiver, who is limited to providing for no more than five patients.

no dispensaries for Michigan (wikimedia.org)
The 4-1 decision in Michigan v. Compassionate Apothecary (scroll down past the syllabus) upheld an earlier appellate court finding that the state's voter-approved 2008 medical marijuana law does not allow people to sell medical marijuana to each other, even if they are registered patients.

The medical marijuana law says registered patients can possess up to 2 ½ ounces of marijuana and grow up to 12 plants in an enclosed space, but it does not mention dispensaries or otherwise say how patients might obtain their medicine.

"The Court of Appeals reached the correct conclusion that defendants are not entitled to operate a business that facilitates patient-to-patient sales of marijuana," wrote Chief Justice Robert Young for the majority.

The owners of Compassionate Apothecary had argued that their business wasn't illegal because the law allowed for the "delivery" and "transfer" of marijuana, but the high court wasn't buying. The shop could be shut down as a "public nuisance," the court affirmed.

Detroit attorney Matthew Abel, a specialist in the state's medical marijuana law, told the Associated Press the decision had settled the issue in the courts and it was now up to elected representatives to act.

"This is the end of the road. This is it," said Abel. "It will be a mess until the legislature clarifies what kinds of business entities are allowed to exist."

Ardent medical marijuana foe Attorney General Bill Schuette has yet to comment on Friday's decision, but when the appeals court ruled the same way last year, he called it "a huge victory for public safety."

Lansing, MI
United States

Vermont Marijuana Decriminalization Bills Filed

Bills that would decriminalize the possession of small amounts of marijuana have been introduced in both houses of the Vermont legislature. A Senate bill, Senate Bill 48, was introduced late last month, and its House counterpart, House Bill 200, was introduced Tuesday.

The bills are not identical. The Senate bill would decriminalize the possession of up to an ounce of pot by those 21 and over, while the more far-reaching House bill would decriminalize the possession of up to two ounces and the cultivation of to two mature and seven immature marijuana plants. Under both bills, people under 21 who are caught with pot would be treated like minors caught possessing alcohol.

The bills have tri-partisan support (Democrats, Republicans, and Progressives), with 39 cosponsors in the House and eight in the Senate. Gov. Peter Shumlin (D) has also repeatedly indicated strong support for a decriminalization bill.

In previous years, House Speaker Shap Smith has blocked decriminalization bills from moving to the House floor, but last month, he said he wouldn't block a bill if it made it out of the Judiciary Committee.

Fourteen states have decriminalized marijuana possession
, including Colorado, which along with Washington, legalized possession in the November elections. Other states in the Northeast that have decriminalized are Connecticut, Maine, Massachusetts, and New York.

Montpelier, VT
United States

New Jersey Supreme Court Protects Rights in Pregnancy Case

The New Jersey Supreme Court Wednesday ruled unanimously that the state's child protection laws do not give child protective services jurisdiction over pregnant women and that drug use during pregnancy does not by itself establish abuse or neglect. In the ruling, the court also acknowledged concerns articulated by leading medical and public health organizations that applying child protection laws to pregnant women can be detrimental to the health of the mother and the fetus.

The ruling came in New Jersey Division of Youth & Family Services v. A.L. In that case, the mother -- "A.L." -- gave birth to a healthy baby in September 2007, but a drug screening of A.L. and her baby came back positive for cocaine. The state Division of Child Protection and Permanency argued that those positive drug screens were sufficient evidence of harm or potential harm to declare that A.L. had neglected her fetus.

A.L. challenged that finding, but lost in district court. She also lost in appellate court, where the judges not only found neglect, but also declared that the state's child neglect law could be applied to fetuses in utero. In its ruling Wednesday, the state's highest court disagreed.

"On its own, the one entry [a medical notation of a positive drug test] does not tell us whether the mother is an addict or used an illegal substance on a single occasion," the court held. "The notation does not reveal the severity or extent of the mother’s substance abuse or, most important in light of the statute, the degree of future harm posed to the child. In other words, a [positive drug test], without more, does not establish proof of imminent danger or substantial risk of harm."

The Supreme Court also chided the lower courts for reaching conclusions not based on facts. Noting "the fact-sensitive nature of abuse and neglect cases," it said the Division -- not a judge -- must prove its case using qualified scientific and medical evidence. "Judges at the trial and appellate level cannot fill in missing information on their own or take judicial notice of harm," it said.

The maternal rights group National Advocates for Pregnant Women and attorney Lawrence Lustberg took up the case during the appeal to the Supreme Court, representing a group of 50 national and international medical, public health, and child welfare organizations, experts, and advocates including the American College of Obstetricians and Gynecologists, the Addiction Science Research and Education Center, and the American Academy of Addiction Psychiatry.

In briefs to the court in the case, those groups argued that the lower courts relied on popular misconceptions about drugs, pregnant women, and child welfare that lack any foundation in evidence-based, peer-reviewed research.

"We are so pleased that the New Jersey Supreme Court, consistent with its long tradition, carefully considered the expert amicus brief and rejected the State's reliance on scientifically discredited, factually incorrect statements about drug use in pregnancy," said Lustberg. "The court recognized, in effect, that drug tests cannot predict parenting ability and acknowledged amici's concerns that expansion of the state's child welfare law to the context of pregnancy would be likely to disproportionately harm low income and minority communities."

"It is extremely important that the New Jersey Supreme court today recognized that pregnant women, children and families should not be deprived of their fundamental rights -- including the right to family relationships -- based on presumptions that are medically baseless," said Lynn Paltrow, executive director of National Advocates for Pregnant Women. "The court’s decision protects the rights of all pregnant women and in so doing actually protects maternal, fetal, and child health."

State officials have declined to comment on the ruling.

Trenton, NJ
United States

Rhode Island Marijuana Legalization Bill Filed

State Rep. Edith Ajello (D-Providence), chair of the House Judiciary Committee, announced Wednesday she had introduced a bill to make marijuana legal for adults 21 and over and to establish a system of taxation and regulation for marijuana commerce.

"It is time for Rhode Island to put the failed policy of marijuana prohibition behind us and adopt a more sensible approach just as our nation did with alcohol 80 years ago," Ajello said. "By keeping marijuana sales in the underground market, we are ensuring they will be uncontrolled and that those selling it are not asking for proof of age. Regulating marijuana like alcohol will take marijuana sales off the street and put them in the hands of legitimate businesses that would face real disincentives for selling to minors. These new businesses will also create jobs and generate much-needed new tax revenue."

Her bill, House Bill 5274, the Marijuana Regulation, Control and Taxation Act, would:

  • remove criminal penalties for the private possession of up to one ounce of marijuana and for the            home-growing of up to three mature marijuana plants in an enclosed, locked space;
  • establish a tightly regulated system of licensed marijuana retail stores, cultivation facilities, and testing facilities;
  • enact an excise tax of up to $50 per ounce on the wholesale sale of marijuana applied at the point of transfer from the cultivation facility to a retail store (sales tax will also be applied at the point of retail sales); and
  • require the Department of Business Regulation to establish rules regulating security, labeling, health and safety requirements, as well as rules requiring advertising of marijuana to be no less restrictive than advertising of tobacco.

The bill has the support of both local and national marijuana reform groups. 

"As a public health researcher, I know that regulation works," said Michelle McKenzie, a spokesperson for the statewide Coalition for Marijuana Regulation. "Over the past 20 years, we have reduced levels of teen cigarette use by nearly 50%, and we have done it through enacting strict regulations and providing comprehensive, evidence-based public education. We can do the same thing when it comes to marijuana. I am confident that regulating marijuana will make Rhode Island a safer and healthier place to live."

"State and federal lawmakers from around the nation are bringing forward proposals to regulate marijuana like alcohol, and they are being met with more public support than ever before," said Mason Tvert, a spokesman for the Marijuana Policy Project. "Most Americans are fed up with laws that punish adults simply for using a product that is objectively less harmful than alcohol. The bill introduced today in Rhode Island presents a smarter, more responsible approach to marijuana."

The bill has been referred to the House Finance Committee.

Rhode Island is the fourth state to see marijuana legalization legislation filed this year. The others are Hawaii, Massachusetts, and New Hampshire. Similar bills are expected to be filed in Maine, Pennsylvania, and Vermont.

Providence, RI
United States

Medical Marijuana Update

The California Supreme Court heard oral arguments in a key case on whether localities can ban dispensaries, and medical marijuana bills died in two Midwest states, and there's more news, too. Let's get to it:

California

Last Thursday, the Obama administration sought to dismiss a lawsuit by the city of Oakland defending its ability to issue permits for dispensaries. Oakland had sued the feds after US prosecutors moved against the Harborside Health Center, seeking to shut it down. The Justice Department argued that the city was using the wrong legal remedy, but Oakland argued that shutting down Harborside would send tens of thousands of patients into the streets seeking medicine, posing a threat to public safety in a city with crime problems. No ruling was made.

Also last Thursday, the LAPD raided a massive grow up that supplied dispensaries. LAPD officers and US Homeland Security gang agents found 1,500 pounds of marijuana and several firearms. Police said the warehouse grow did about $7.6 million in business every 60 days, and supplied numerous dispensaries in Southern California. Authorities also allege it was shipping marijuana to the Midwest and East Coast. Four people were arrested; their names have not been released.

On Monday, San Diego District Attorney Bonnie Dumanis dropped the charges against two medical marijuana patients. The move came in the cases of Clint Guidry and Cameron Mitchell, and represented a setback for the staunchly anti-medical marijuana Dumanis.

On Tuesday, LA City Attorney Carmen Trutanich said dispensaries should be allowed to operate in the city. Up for reelection, the formerly anti-dispensary Trutanich said he was endorsing a city council initiative that would allow the 100 to 180 retailers that existed before a fall 2007 city moratorium on dispensaries to essentially carry on so long as they follow certain rules. A second initiative also set for the ballot would allow virtually all of the city's hundreds--possibly up to a thousand--dispensaries to stay open.

Also on Tuesday, the state Supreme Court heard oral arguments in a key dispensary ban case. The issue is whether the city of Riverside's ban on dispensaries violates the state's medical marijuana laws. Questioning by the justices suggested that they were prepared to agree with the city that the state constitution gives cities wide policing power over land use and suggested that the state's medical marijuana laws have not undercut that authority.

On Wednesday, DEA agents and San Bernardino police raided a chain of dispensaries and a private residence. The raiders hit Kush Concepts at three locations, where they marched patients out of the dispensaries. City officials said there are 41 dispensaries in San Bernardino.

Also on Wednesday, an appeals court upheld Tehama County's cultivation ordinance. A group of medical marijuana patients sued over the ordinance in 2010, arguing it was unconstitutional and conflicted with the Compassionate Use Act. The county prevailed in Superior Court, and that decision was appealed. Now that appeal has been lost.

Colorado

Last Tuesday, the first applications for Fort Collins dispensary licenses were submitted. The city had had 21 dispensaries that were forced to close when voters chose to impose a ban in 2011. The ban was overturned by voters in November, and now the dispensaries are coming back.

Iowa

Last Thursday, legislators killed a medical marijuana bill. House Public Safety Committee Chair Clel Baudler (R-Greenfield) call it one of the "stupidest" bills he had ever seen. He was joined by the other Republican on the three-member panel in voting to kill it.

Massachusetts

On Sunday, state officials said they may not make the deadline to come up with medical marijuana regulations. They are required to have them in place by May 1, but health officials said the complexity of the issues was such that they were unlikely to be able to comply. Medical marijuana advocates responded that any delay is unjustified and would cause patients to suffer.

Michigan

On Tuesday, a report said the state had collected $10 million in revenues from medical marijuana program applicants. The report covered the period through the end of the state's budget year on September 30. It says the revenue intake was nearly double that needed to run the program.

Montana

Last Friday, Chris Williams was sentenced to a mandatory minimum five years in prison for his role in Montana Cannabis, the state's largest dispensary during its short-lived medical marijuana boom. He had been facing more than 90 years in federal prison after refusing plea agreements and then being convicted of marijuana cultivation and firearms offenses in federal court (they had a shotgun at their grow op), but in the face of a public outcry, prosecutors sought and got an unusual post-conviction plea bargain limiting his prison exposure.

South Dakota

On Tuesday, a medical marijuana bill was killed in the legislature. It went down on a 7-6 vote in the House Health and Human Services Committee. Medical marijuana bills have been repeatedly introduced since 2001, only to die. South Dakota voters have also twice rejected medical marijuana initiatives.

This Week's Corrupt Cops Stories

A Massachusetts cop had his own informal prescription drug take-back program, but that was pretty innocuous compared to some of this week's other entries. Let's get to it:

In Somerset, Massachusetts, a Somerset police officer was arrested last Thursday for tricking elderly residents into giving him prescription drugs. Ricardo Pavo went to a senior retirement home asking residents about their emergency contact information, whether they had any guns or vicious dogs, or any unused prescription pills. Residents reported handing over drugs like tramadol and hydrocodone to Pavo, who was caught with the drugs in his patrol vehicle after someone called the police department. He has already been charged, but the local reports don't make clear exactly what the charge is.

In San Luis Obispo, California, a San Luis Obispo narcotics officer was arrested Tuesday for providing fake pain pills to a snitch in exchange for cash. Corey Pierce, 39, is now charged with bribery. The snitch was going to sell the bogus pills to a third party, who would then peddle them to unwitting customers. The fake pills are often used in drug enforcement operations, the police said. He had been assigned to the California Bureau of Narcotics Task Force until it was dissolved and was a member of the Sheriff's Office Narcotics Unit. He has been suspended with pay.

In Charlotte, North Carolina, a former Cherryville narcotics detective pleaded guilty last Thursday to receiving stolen goods, taking bribes, and stealing money. Frankie Dellinger, 41, was one of several men, including three other police officers, caught up in a federal undercover sting. He pleaded guilty to conspiracy, money laundering, and two counts of extortion. No word on how many years he's facing.

In Atlanta, two former TSA agents were sentenced last Wednesday for a scheme to smuggle drugs through Hartsfield-Jackson Airport. Richard Cook, 28, and Timothy Gregory, 26, got 11 years and six years, respectively. They went down in a sting after authorities received information that Cook was willing to be corrupted. Undercover officers posing as Mexican drug cartel representatives met with Cook and provided him with three kilograms of what he thought was heroin and $3,500 in cash in partial payment for his services. After repeated deliveries of fake drugs, Cook enlisted Green, and he similarly ensnared himself.

In Camden, New Jersey, a former Camden narcotics officer was sentenced last Thursday for his role in a corrupt dope squad that has already seen three other officers either convicted or pleading guilty of various charges. Jaston Stetser, 34, admitted to planting drugs on suspects, carrying out illegal searches, and stealing drug money along with the rest of his crooked crew. He pleaded guilty to conspiracy to deprive others of their civil rights. The dirty narcs forced prosecutors to dismiss some 200 drug arrests and convictions.

Federal Marijuana Reform Bills Introduced [FEATURE]

Two Democratic congressmen announced Tuesday that they are introducing legislation to reform federal marijuana policy. In a joint press conference that also included representatives of drug reform groups, Reps. Earl Blumenauer (D-OR) and Jared Polis (D-CO) announced two separate bills aimed at addressing the looming clash between intransigent federal marijuana policies and states that have or likely will legalize marijuana. And more bills are pending, they said.

http://www.stopthedrugwar.org/files/blumenauer-polis-275px.jpg
Earl Blumenauer and Jared Polis
Blumenauer and Polis also released a report entitled "The Path Forward: Rethinking Federal Marijuana Policy," which outlines their perspective on marijuana policy and provides some background on regulation and opportunities for action. The congressmen have also established the Sensible Drug Policy Working Group, which will provide a forum for members of Congress who are working on related issues and hope to advance legislation.

Polis's Ending Federal Marijuana Prohibition Act would remove the DEA's authority over marijuana, end federal marijuana prohibition, and leave it to the states to decide whether to prohibit marijuana or not. Blumenauer's Marijuana Tax Equity Act, House Bill 501, would create a federal excise tax on marijuana similar to those imposed on alcohol and tobacco. Taken together, the two bills would provide for a system of marijuana regulation and taxation in states where it is legal.

More specifically, Polis's bill would:

  • Remove marijuana from the Controlled Substances Act;
  • Transfer the Drug Enforcement Administration’s authority to regulate marijuana to a newly renamed Bureau of Alcohol, Tobacco, Marijuana and Firearms, which will be tasked with regulating marijuana as it currently does alcohol;
  • Require marijuana producers to purchase a permit, as commercial alcohol producers do, of which the proceeds would offset the cost of federal oversight; and
  • Ensure federal law distinguishes between individuals who grow marijuana for personal use and those involved in commercial sale and distribution.

Blumenauer's bill would:

  • Impose a 50% excise tax on the first sale of marijuana, from the producer to the next stage of production, usually the processor;
  • Impose an occupational tax similar to those in the tobacco and alcohol industries on those operating in marijuana, with producers, importers and manufacturers facing an occupation tax of $1,000 per year and any other person engaged in the business facing an annual tax of $500 per year;
  • Impose civil penalties for failure to comply with taxing duties. Criminal penalties will be assessed for intentional efforts to defraud the taxing authorities; and
  • Require the IRS to produce a study of the industry after two years, and every five years after that, and to issue recommendations to Congress to continue improving the administration of the tax.

The time has come for marijuana law reform at the federal level, the two congressmen said.

"There has been an enormous evolution of American opinion on marijuana. Americans are sick and tired of the costs of marijuana prohibition, whether it’s the financial costs or the human costs. Americans are saying enough is enough, let's try a new policy. We need to address drug use as a public health issue, not a criminal justice one," said Polis.

"My bill doesn't affect the legal status of marijuana where it is currently illegal," the Colorado congressman explained, "but it does allow states that have created either a legalized and regulated scheme for sales or that have medical marijuana laws to operate, without the constant fear that the federal government and the DEA and the other agencies will prosecute patients or businesses that are fully legal under state law. This is an idea whose time has come."

"Forty years ago, as a freshman member of the Oregon legislature, I was able to vote to make Oregon the first state to decriminalize the possession of small amounts of marijuana," said Blumenauer. "Since then, 14 states have joined Oregon, and after California legalized medical marijuana in 1996, we now have 19 jurisdictions that have authorized it, and we now have the first two states that have legalized marijuana for recreational use."

The Oregon congressman added that he and Polis are working with a bipartisan group of representatives and that up to eight or 10 marijuana reform bills could be introduced this session.

"We're looking at antiquated and sometimes nonsensical federal laws and policies to try to get us on a path that is less expensive, more productive, more fair, and more in tune with where America is going," Blumenauer said. "We arrested two-thirds of a million people in 2011 for a substance most people think should be legal. The president said he has bigger fish to fry, but there are still people further down the federal food chain frying those fish."

"This is a very exciting day," said Bill Piper, director of national affairs for the Drug Policy Alliance. "Last November, voters in Colorado and Washington made history, and the polling shows that a majority of Americans now support legalizing marijuana. There is no doubt more states will legalize in the years to come. This is the beginning of the end of marijuana prohibition."

"We were a primary backer of Amendment 64 in Colorado, which directed the state to regulate marijuana in a manner similar to alcohol," said Steve Fox, director of government relations for the Marijuana Policy Project. "That's how we believe it should be treated, and we look forward to working with Reps. Polis and Blumenauer to see that this legislation is eventually passed by Congress."

If not this year, then soon, the congressmen said.

"There is growing support for this bill," Polis argued. "There has really been a sea change; we saw test votes in the last Congress for defunding the DEA and other things, and saw very strong support, and that will only increase over time. Congress is frequently a lagging indicator for public opinion; it’s a question of Congress catching up."

"This is the beginning, not the end," said Blumenauer. "My bill is a first step and we anticipate some give and take, but this will be gaining momentum.  We've got legislation here today to get the ball rolling, but there will be more that you will be hearing about in the days ahead."

"It's clear that we've reached a tipping point," said Piper. "Major changes are going to happen and are happening now. The American people are demanding reform, and members of Congress are starting to give it to them."

Washington, DC
United States

Virginia Welfare Drug Testing Bill Defeated

A bill backed by Republicans that would have required drug screening and testing of welfare recipients died Monday in the Virginia Senate. The measure failed by one vote in the evenly divided Senate when one Republican didn't vote.

Last year, a similar measure ended up with a tied vote in the Senate, allowing Republican Lt. Gov. Bill Bolling to cast a tie-breaking vote and advance the bill to the House. It was then killed in the House.

The measure, Senate Bill 271, introduced by Sen. Charles Carrico (R-Grayson), would have required the state's welfare-to-work program to screen participants "to determine if probable cause exists to believe the participant is using illegal substances" and, if such a determination is made, "a formal substance abuse assessment of the participant, which may include drug testing."

Those who tested positive would have to enter a drug treatment program or lose benefits for a year. Those who refused to be tested would also lose benefits for a year.

Similar legislation is afoot in a number of other states. Some states, like Virginia, have attempted to overcome constitutional problems with suspicionless drug testing by providing for an initial screening to come up with probable cause, but even that fix hasn't managed to overcome political problems in most states.

Opponents of such legislation argue that such programs cost more money than they save, that they are an attack on poor people, and that there is no evidence of widespread drug use among public benefits recipients.

"Why are poor people singled out for testing," asked Sen. Marnie Locke (D-Hampton) before voting against the bill. "Why not legislators or bailed-out CEOs?"

Richmond, VA
United States

South Dakota Medical Marijuana Defense Bill Defeated

A bill that would have allowed South Dakotans charged with misdemeanor marijuana possession to mount a medical necessity defense was defeated Tuesday in the state legislature. The bill died on a 7-6 vote in the Health and Human Services Committee.

More accurately, it was "deferred to the 41st day" of the legislative session. The session only has 40 days.

The bill, House Bill 1227, would have allowed people caught with less than two ounces of marijuana to mount a medical necessity defense against either a pot possession charge or the state's unique ingestion for the purposes of intoxication charge. It provided for such a defense to be mounted if "a competent medical authority" has recommended its palliative use or if its use is known to be palliative for a given condition.

The defeat in Pierre only adds to the state's reputation as one of the most medical marijuana-unfriendly in the country. Medical marijuana bills have been introduced repeatedly there since 2001, but never go anywhere, and the state has the dubious distinction of being the first to defeat an initiative legalizing medical marijuana and the only one to do it twice, in 2006 and 2010.

"If you talk to drug users, nine times out of 10 they started with marijuana first," said Rep. Melissa Magstadt (R-Watertown), reiterating the long discredited gateway theory. The registered nurse also cited opposition to the bill from the state's medical and nursing associations.

"This is about being compassionate to our folks," said Sen. Karen Soli (D-Sioux Falls). "When I first heard of this, I thought no way. I'm not in favor of legalizing marijuana," she added. "It's quite a surprise to me I'm going to vote for this."

The bill's sponsors, Rep. Dan Kaiser (R-Aberdeen), a police officer, and Sen. Craig Tiezen (R- Rapid City), a retired police chief, testified before the committee last week. They told legislators the bill would not legalize marijuana or allow for advance doctor's recommendations, but would allow someone charged with possession to argue in court that they needed it for medical reasons and present evidence to make their case, with the final decision in the hands of the trial judge.

The South Dakota Supreme Court in 2003 rejected the use of the medical marijuana necessity defense in the case of a wheelchair-bound man. This bill would have made the defense available as part of state law.

Pierre, SD
United States

Look Out, New York, It's Credico For Mayor! [FEATURE]

New York City has earned itself the sobriquet of Marijuana Arrest Capital of the World, with tens of thousands of minor pot possession arrests every year -- mostly of young men of color -- generated in good part by the city's equally infamous stop-and-frisk policing, again aimed primarily at the city's young and non-white residents. There's a man running an outsider campaign for the mayor's office there this year who wants to end all that.

Randy Credico during 2010 Senate campaign
Veteran Big Apple civil rights, social justice, Occupy Wall Street (OWS), and drug reform activist Randy Credico, who also doubles as a professional comedian, is mounting an insurgent campaign for the Democratic Party mayoral nomination, and he wants to end the city's drug war and a whole lot more, and he wants to do it now.

The inventively funny, yet deadly serious, agitprop artist has an ambitious 17-point program for his first day in office, with promises that range from going after "the biggest criminals in our city" -- the Wall Street bankers -- and reforming the city's tax code to favor the poor to rolling back privatization of city schools and reforming various city agencies.

But just beneath banksters and taxes is a vow to begin reining in the NYPD by firing Police Commissioner Ray Kelly (to be replaced with Frank Serpico) and "abolishing the NYPD’s unconstitutional policies of racial profiling, stop and frisk, domestic spying, entrapment, and its infamous (albeit unadmitted) 'quota system.'"

Central to that policing reform plank, Credico says, is reclassifying the smoking and carrying of marijuana as no longer an arrestable offense. He also vows to fire any officer who lies or perjures himself on the stand, and to bar the use of "no-knock" warrants and stun grenades "except in the case of legitimate terrorist attack."

And he wants to replace the city's Special Narcotics Office with a Harm Reduction Office, whose leadership he has offered to Drug Policy Alliance head Ethan Nadelmann. He also vows to shut down the Rikers Island prison and turn it into a treatment center and education facility with a state of the art library, and to nominate law professor Michelle Alexander, author of The New Jim Crow: Mass Incarceration in the Age of Color-blindness, to run it.

That's quite a tall order for a first day in office, but Credico says he's up for it.

"I plan to stay up for 24 hours and get all that stuff done," he told the Chronicle.

Of course, first he has to win the Democratic Party nomination and then win the general election, and that's a pretty tall order, too. There is a bevy of candidates (polling data at the link as well) running for a shot at the prestigious post, and he is facing stiff establishment opposition in the primary, most notably from Public Advocate Bill de Blasio and the as yet officially undeclared city council Speaker Christine Quinn, who leads the other Democrats in early polls, but is in a close race with "undecided."

The Republican race includes a handful of announced or potential candidates led by former Metropolitan Transit Authority head Joseph Lhota (who still trails "undecided" by a large margin) and NYPD Commissioner Ray Kelly, who is as yet unannounced. The Libertarians may also field a candidate this year, possibly former "Manhattan madam" and gubernatorial candidate Kristin Davis, and we can't forget the Rent Is Too Damn High Party, either.

"The GOP has a rich guy who just jumped in, and the Democrats have a six-pack of hacks, all getting money from the real estate interests and Wall Street and none of whom will talk about the issues," Credico explained. "The Democrats are all doing the Schumer act -- just talking about the middle class, not the poor, the homeless, the division between the rich and poor, not about drug policy. This city is virtually a police state right now."

Credico has a remedy for that: Elect him.

"I will get rid of Police Commissioner Ray Kelly, who is a combination of J. Edgar Hoover and Joseph Fouche, Napoleon's dreaded head of the secret police. Everyone is afraid of him. He's got the Red Squads going; they were infiltrating groups at Occupy Wall Street. Kelly is doing all these joint operations with the feds under the guise of fighting terrorism, and this city is crawling with undercover cops -- FBI, DEA, AFT, all running joint task forces with the NYPD. They've foiled 14 plots, all hatched by the NYPD. Ray Kelly has way too much power," the veteran activist said flatly.

"There is a lot of money not only in the prison industrial complex, but also the police industrial complex," Credico noted. "They have asset forfeiture and lots of new schemes, tons of undercover agents, who are really there to beat up on the black community. They infiltrate, demonize, and destroy lives, and this has to stop."

Credico has been active in the Occupy Wall Street moving, having been arrested five times by the NYPD, but before that, he was active in the city's minority communities for years, working to reform the Rockefeller drug laws with the William Moses Kunstler Fund for Racial Justice (in between stints flying out to Tulia, Texas, to deal with the bogus mass arrests of black men on drug charges there), and fighting stop-and-frisk. He currently is taking time out of his days to attend hearings in the criminal trial of the NYPD officer who shot and killed unarmed 18-year-old Ramarley Graham in his own bathroom as he was flushing a bag of weed down the toilet.

"I go to every one of the court dates and sit right next to his mother," he said. "This cop invaded Ramarley's house and shot him in the head for weed, but it's not an isolated incident. No cops go to jail for killing a black person, but a spit on a cop and you can go to jail for years. This is just one cop -- and he's like the Lt. Calley of the NYPD. [Editor's Note: Calley was the sole US Army officer convicted of a crime in the Vietnam War My Lai massacre.] It's not an isolated incident; it's the policy, the same policy that killed Ramarley Graham and Sean Bell and Amador Diallou. So many people have been killed by the NYPD, and it's not just the guys on the street; it's a brutal force."

Marijuana could also be a wedge issue for him, Credico said.

"I'm a committed pot smoker, and I think it should be legal, and I'm the only candidate saying it should be legal. Of course, it's up to the state legislature to do that, but I would direct the NYPD not to enforce those laws and particularly not to arrest anyone."

Under current state law, pot possession is decriminalized, but beginning with Mayor Rudy Giuliani, the NYPD had a policy of turning what should have been tickets for possession into misdemeanors by either reaching in someone's pocket and removing the baggie or intimidating the person into revealing it himself, thus elevating the offense from an infraction to the misdemeanor of "public possession." Under increasing pressure over the tactic, Commissioner Kelly last year issued an order for it to stop, and arrests have declined somewhat, but still remain at unacceptably high levels.

In 2011, there were some 50,000 marijuana possession arrests in the city, nearly 80% of them of people of color. Nearly one-quarter (12,000) were youth aged 16 to 19, and of those, 94% had no prior criminal records.

And it's not just marijuana, Credico said.

"There should be no more prosecutions for drug possession," he said. "They should be going after the real criminals, the guys on Wall Street. They don't have to go up to Harlem and Washington Heights, the real big barracudas are right down here."

The city's criminal justice system is rotten to the core, he said.

"This is like Tulia, this is like the South," he moaned. "The criminal justice system here is a black box where blacks and Latinos go in and disappear into the penal system. The cops are white, the judges are white, the prosecutors are white -- only the Bronx has a rainbow coalition of prosecutors -- the rest are white, and they're going after black people in this city."

Many of those busted ended up in Rikers Island or the Tombs, often after first spending hours or days crammed into precinct holding cells.

"Rikers Island is like Alcatraz for poor people on minor drug offenses," said Credico. "It's all Mickey Mouse; there's no Hannibal Lectors there. They need to turn it into a university for poor people. And no one is talking about the Tombs. I've been there. There are lots of junkies in there going through withdrawals, filthy toilets, people penned in like cattle. No one will talk about that, or about the hundreds of precincts with their holding cells."

Unsurprisingly, Credico doesn't think much of his establishment opposition.

"Christine Quinn is Bloomberg in drag wearing a red wig," he declared, "and de Blasio supported stop-and-frisk. He was also Hillary's hit man when she was running for the Senate, and derailed Grandpa Munster Al Lewis's campaign then."

Lhota, who has recently made noises about legalizing marijuana, "looks like a weed head," Credico snorted. "But I actually smoke it."

Now, Credico has to go through the process of qualifying as a Democratic candidate, smiting his foes within the party, and then taking on the Republican challenger in the general election. His first official campaign task will be to complete a month-long signature-gathering drive in late spring to qualify for the primary.

"I'll be on talk shows -- people all over the place are asking for interviews -- making some ads and some YouTube videos, and they'll be interesting and funny. It will be a very entertaining campaign. We have buttons coming out soon, we have the web site, there are people who will be putting ads in the Nation," he explained.

"Drug reformers are interested in my campaign, and I've got tons of volunteers from the stop-and-frisk campaigns and people from OWS," he said. "I'm getting a lot of attention right now."

Credico, of course, is a long-shot, but even if he doesn't become the next mayor of New York, to the degree that his campaign shines a light on the problems in the city's criminal justice system and forces other candidates to address them, he will be judged a success.

(This article was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

New York City, NY
United States

"Should the Drinking Age Be Lowered from 21 to a Younger Age?," on ProCon.org

Did you know the drinking age is an example of continuing societal debate over how best to regulate legal drugs? Read what different thinkers have to say, at "drinkingage.procon.org," part of the ProCon.org family.

This is the fifth in a six-part series of ProCon.org teasers being published in Drug War Chronicle. Keep tuning in to the Chronicle for more important facts from ProCon.org the next several weeks, or sign up for ProCon.org's email list or RSS feed. Read last week's Chronicle ProCon.org highlight piece here.

ProCon.org is a web site promoting critical thinking, education, and informed citizenship by presenting controversial issues in a straightforward, nonpartisan primarily pro-con format.

Poll: Feds Should Leave Legal Marijuana States Alone

Strong majorities of Americans believe people should be able to use, grow, and sell marijuana in states where it is legal, according to a new Reason Foundation-Rupe poll. Nearly three out of four (72%) said pot smokers should not be arrested in those states, more than two-thirds (68%) said the federal government should not arrest growers in those states, and nearly two-thirds (64%) said it should not arrest sellers.

The poll comes in the wake of last November's marijuana legalization victories in Colorado and Washington and as the Obama administration contemplates its response. Marijuana remains illegal under federal law.

The poll consisted of a representative sample of 1,000 American adults interviewed by telephone, half by landline and half by cell phone. It has a margin of error of +/- 3.8%.It was conducted between January 17 and 21.

Although it is Republicans who typically make states' rights or federalist arguments, Republicans had the highest level of support for federal interference in states that have legalized marijuana. In all three cases -- using, growing, or selling marijuana -- independents and Democrats were more likely to say the federal government should not interfere.

The poll also asked two questions about marijuana legalization, one about whether it should be treated like alcohol and one about whether it should be legalized for recreational use. While the two questions are essentially identical, they generated slightly different responses, showing yet again that marijuana legalization is on the cusp of majority acceptance (and that the phrasing of polling questions matters).

Some 53% agreed that marijuana should be treated like alcohol, but only 47% agreed that recreational use should be legalized. Majorities of Democrats (57%) and independents (58%), but not Republicans (35%), agreed with "like alcohol," while only a majority of independents (59%) supported legalization for recreational use, with support at only 46% for Democrats and 25% among Republicans.

Gender and age differences also remained. Support for legalization was higher among men (52%) than women (42%), and there was majority support for legalization among all age groups except people over 65, two-thirds of whom opposed it.

Mitch McConnell Endorses Kentucky Hemp Bill

In a statement last Thursday, Senator Mitch McConnell (R-KY), the minority leader in the US Senate, endorsed pending legislation in his home state that seeks to reintroduce industrial hemp cultivation there. The bill already has the support of the state's other US senator, Rand Paul, and Agricultural Commissioner James Comer, who were instrumental in bringing McConnell on board.

Is it sunrise for industrial hemp in Kentucky? (votehemp.org)
"After long discussions with Senator Rand Paul and Commissioner James Comer on the economic benefits of industrialized hemp, I am convinced that allowing its production will be a positive development for Kentucky's farm families and economy," McConnell said. "The utilization of hemp to produce everything from clothing to paper is real, and if there is a capacity to center a new domestic industry in Kentucky that will create jobs in these difficult economic times, that sounds like a good thing to me."

But McConnell first had to be reassured that industrial hemp wouldn't somehow turn into recreational marijuana. Comer apparently managed the trick.

"Commissioner Comer has assured me that his office is committed to pursuing industrialized hemp production in a way that does not compromise Kentucky law enforcement's marijuana eradication efforts or in any way promote illegal drug use," McConnell said.

In a statement of his own last Thursday, Comer expressed enormous gratitude for McConnell's support.

"When the most powerful Republican in the country calls to discuss your issue, that's a good day on the job," Comer said. "Leader McConnell's support adds immeasurable strength to our efforts to bring good jobs to Kentucky."

The hemp bill, Senate Bill 50, sponsored by Sen. Paul Hornback (R-Shelbyville), would direct the state Agriculture Department to create a program for licensing industrial hemp producers, but would not go into effect until there is a change in federal law, which bans the production -- but not the importation -- of industrial hemp.

In addition to both US senators, the bill has also garnered the support of two of the state's six US representatives, US Reps. John Yarmuth (D) and Thomas Massie (R). The two congressmen, Sen. Paul, and Commissioner Comer will all testify in favor of the bill.

"Our federal delegation is showing tremendous leadership," Comer said. "They recognize this is not a partisan issue. It's about jobs. And we will continue to push forward to make sure Kentucky is first in line for them."

State legislative leaders are also firmly backing the bill. Senate Majority Leader Damon Thayer (R-Georgetown) joined Sen. Hornback in convincing the Northern Kentucky Chamber of Commerce to endorse the bill. It did so Wednesday.

The bill gets a hearing in the Senate Agriculture Committee on February 11.

Frankfort, KY
United States

Colombia Set to Decriminalize Ecstasy, Meth

Colombian Minister for Justice and Law Ruth Stella Correa said last Wednesday that the government will propose decriminalizing the possession of small amounts of synthetic drugs, such as ecstasy and methamphetamine, according to local press accounts. She added that a drug policy advisory commission would revise the country's drug law and present the proposal to congress.

Ecstasy tablets (wikimedia.org)
Correa's remarks came as she announced the formation of the advisory commission.

Currently in Colombia, people are not prosecuted for the possession of small amounts of marijuana and cocaine. She said the proposal would extend that protection to users of synthetic drugs like methamphetamine and ecstasy.

"The proposal aims to standardize the amount of drugs already permitted, while also allowing an equivalent quantity of synthetic drugs," she said. "We have to accept that Colombia is a consumer country -- this is also our reality -- and being a consumer country, we can't just throw drug users in jail, but we must look after them. I don't see the risk in establishing a personal use amount of synthetic drugs, since we are only trying to clarify things to achieve treatment for addicts and users, not to send them to prison."

Colombian constitutional court rulings have established a right to possess personal use amounts of drugs, but the government has not established what those personal use amounts of synthetic drugs are. The advisory commission will do that. The government of President Santos has also embarked on a more than rhetorical shift toward a public health approach to drug use, and Correa emphasized that in her remarks.

"We are convinced that drug policy should be designed with a holistic approach, involving families, the education system, the public health specialists, development practitioners and community leaders," she said.

Not everyone agrees with the move. Former President Alvaro Uribe, who tried repeatedly to undo those Colombian court rulings legalizing drug possession, came out swiftly against including the synthetics.

"With this personal use amount, what they are doing is validating the actions of the dealers and not taking them to prison, nor are they taking the addicts to the hospital," he complained. Decriminalizing the synthetics would only "further enslave the youth and drug more assassins to kill more people," he claimed.

Bogota
Colombia

Caswell Motel Case Marks a Victory Against Federal Forfeiture Abuse [FEATURE]

special to Drug War Chronicle by investigative journalist Clarence Walker, cwalkerinvestigate@gmail.com

In a major victory for property rights advocates, a federal judge in Massachusetts last week struck down a scheme by federal prosecutors to seize a motel owned by the Caswell family on rundown Main Street in Tewksbury. The ruling in US v. 434 Main Street, Tewksbury, Massachusetts should make it more difficult for the government to seize a person's property if third parties committed criminal offenses on that property without the property owner's knowledge.

The ruling reinforced longstanding complaints that the use of asset forfeiture statutes -- both federal and state -- is so broad as to be tantamount to an abuse of power. Under such laws, prosecutors file civil actions seeking to seize the property of accused criminals as the fruits of crime, but they often result in citizens being deprived of their property without ever being convicted of a crime, sometimes even without ever having been arrested.

"People better wake up to what's going on with the government taking property under this federal civil forfeiture law," said Russ Caswell, 69, longtime owner of the Caswell Motel. "I was never charged with a crime and I never participated in no drug crimes on my property," he told the Chronicle Sunday. "Neither did the police tell me that my business was a problem, plus we often reported to police about criminal activity on the premises, but they still tried to take my property. I am thankful to God and my attorneys that this nightmare is over."

The Caswell Motel isn't the Hilton -- like countless thousands of other low-end motels on gritty streets across the country, it offers rooms by the week, and its clientele includes itinerant construction workers, traveling salesmen, the just-up-from-homeless, and, yes, the occasional drug user or peddler.

US Attorney Carmen Ortiz had sought to seize the Motel Caswell from the Caswell family under the theory that the motel allegedly facilitated drug crimes. The government provided evidence of 15 drug-related incidents between 1994 and 2008, rousing US Magistrate Judith Dein to note tartly in her opinion that "it should be noted that during this 14 year period, the Motel Caswell rented out approximately 196,000 rooms."

Dein found that Caswell "did not know the guests involved in the drug crimes, did not know of their anticipated criminal behavior at the time they registered as guests, and did not know of the drug crimes while they were occurring."

The government argued that the Caswells had failed to cooperate with police to alleviate drug problems at the property, but Dein cited numerous examples of the motel's cooperation with Tewksbury Police, and also noted that "there is no contention in this case that anyone from the Caswell family has been involved in any criminal activity either at the Motel or elsewhere. It is undisputed that they are a law-abiding family. Mr. Caswell testified that he had never been charged with any crime in his life."

Then Dein blistered the prosecution.

"It is rather remarkable," she wrote, "in this court's view, for the Government to argue in this case that the Property owner should lose his property for failure to undertake some undefined steps in an effort to prevent crime, while putting on evidence that the police drove through the Property routinely, knew the Property owner's identity and that he lived next door to the Motel, and never contacted him in an effort to work together to control crime at the Property. No comparable cases have been cited by the parties, and none have been found. Having failed to notify Mr. Caswell that he had a significant problem, and having failed to take any steps to advise him on what to do, the Government's resolution of the crime problem should not be to simply take his Property."

The federal magistrate then flatly dismissed the government's case. "The Government has failed to meet its burden of establishing that the Motel is subject to forfeiture," Dein found. "In addition, this Court concludes that the Claimant has met his burden of proving that he is the innocent owner of the Property."

Attorneys and asset forfeiture critics applauded the decision. Darpana Sheth, a Virginia-based pro-bono attorney who assisted with the defense of the Caswell Motel called the verdict "very important" and said it could have wider implications if other judicial districts and lawyers pick up on it.

"This decision will make it tougher for the government to initiate forfeiture proceedings or file complaints based on the actions of third parties," she said.

http://stopthedrugwar.org/files/scott-bullock.jpg
Scott Bullock (ij.org)
"This is a complete victory for the Caswell family and for the protection of private property rights," said attorney Scott Bullock, after Dein's ruling. Bullock, who represented the family, is a senior attorney for the Institute for Justice (IJ), a Virginia-based public interest law firm specializing in fighting federal and state forfeiture abuse nationwide.

Caswell definitely needed the Institute's help, his family's limited resources having been eaten up in earlier stages of their battle with a relentless federal prosecutor.
 

"After running out of money after spending over $100,000, my local attorney discovered the Institute for Justice on the Internet," said Caswell."Had it not been for the Institute representing me pro-bono, I would have lost the motel and my livelihood."

While the Institute is a bulwark of the fight against asset forfeiture abuses, it is perhaps best known for its David vs. Goliath victory over billionaire Donald Trump in an Atlantic City eminent domain case in the 1990s. In that case, the Institute successfully represented a property owner whose land Trump wanted for a parking lot for his casino and hotel, blocking Trump's plan and saving the property.

The Caswell Motel case also opened a window on unsavory practices around asset forfeiture and raised questions of "policing for profit." Although Caswell attorneys argued -- and the court agreed -- that the family had cooperated with police to alleviate the drug problem, someone tipped the DEA to a potential target. The property had an estimated value of between $1.5 million and $1.8 million. Through the federal asset forfeiture "Equitable Sharing Program," state and local law enforcement agencies involved would have received 80% of the value of the Caswell property, with the feds reaping the other 20%.

"What the government did amounted to a grab for quick cash under the guise of civil forfeiture," said attorney Larry Salzman, another IJ attorney.

The workings of the asset forfeiture machine were partially revealed in the deposition of Vincent Kelly, DEA Special Agent in the New England office asset forfeiture unit. He testified under oath that his job was to look for high-dollar property with no mortgage to be forfeited. Kelly explained clearly how he checked the Registry of Deeds "to find out who owns the property and how much equity is on the property." Then, the DEA would contact local police to see how many drug arrests or other serious crimes been committed on the property.

Kelly said it was DEA policy to deal only with property worth at least $50,000.00. With Caswell Motel's worth between $1.5 and $1.8 million dollars, it was ripe for forfeiture since many drug arrests had occurred there.

In another sign that the motel had been the target of selective prosecution, defense attorneys and the Lowell Sun also uncovered evidence that at one point, narcotic officers and police made more arrests on the premises of Walmart, IHop, and Home Depot, nearby businesses also located off I-95 on Main Street. From 2010-2012, the attorneys said 19 drug arrests were made at Caswell Motel, with 24 drug arrests on Walmart's premises, 14 at Home Depot and five each at Applebee's and Burger King. But those are all deep-pocketed corporations with legions of lawyers; the Caswell family and its motel was not.

The Caswell Motel case is only an especially egregious example of asset forfeiture abuses. For years, attorneys, community activists, and advocacy groups, such as Forfeiture Endangers Americans Rights (FEAR) and Americans for Forfeiture Reform have been fighting to reign in such prosecutorial misconduct, and some progress has been made.

Some states implemented higher burdens of proof for police to seize property or acted to reduce the incentive to police for profit by directing that all or some seized funds go to the state general fund or education fund -- not straight into police coffers. And some states require an actual conviction before civil asset forfeiture can proceed.

But facing increasingly tougher standards and regulations, state and local law enforcement have learned to hand their cases over to the feds, ensuring that the cops get their cut under the equitable sharing program, but in effect robbing state governments of funds that should have gone to them. According to a Cato Institute study, as of 2008, the Justice Department's forfeiture fund reached $3.1 billion, with less than 20% of property seized coming from cases where the owners were prosecuted.

At the federal level, things are a bit better than they used to be, but it clear that room for abuse still exists, as the Caswell case demonstrates. Prior to federal asset forfeiture reform legislation passed in 2000, seizures could be made on mere suspicion that the property was involved in a crime. Once that happened, the property owner had to prove by a "preponderance of evidence" that the property was not involved in a crime.

Ironically, it was the attempted seizure of another motel, the Red Carpet Inn in Houston, Texas, that helped lead the way to passage of the Civil Asset Forfeiture Reform Act of 2000. In that case, the feds seized the motel in 1998, claiming it was a "drug haven."

Like Caswell, Red Carpet owner Jason Brice had complied with police by hiring security and allowing police to patrol his property, and had spent thousands of dollars to comply with law enforcement demands that the motel discourage drug dealing. But when Brice balked at raising room rates and then revoked permission for police to patrol the property, the feds moved in with a civil forfeiture claim. Brice won in court, but only after years of stress and hundreds of thousands of dollars in attorneys' fees.

Led by then Rep. Henry Hyde (R-IL) and inspired by cases like that of the Red Carpet Inn, Congress finally acted in 2000, passing the first effort to rein in asset forfeiture abuse at the federal level. The reforms include the "innocent owner" defense that Caswell successfully used in its trial.

But the civil asset forfeiture machine that grew out of Ronald Reagan's 1980s drug war keeps on humming. When the Department of Justice's Asset Forfeiture Fund to split seized goods with local and state law enforcement started in 1986, it took in $93.7 million. Last year, it took in $1.5 billion. That is a real and continuing incentive to pervert policing in pursuit of profits.

"It's like stealing your property in a hold-up without a gun," summed up Russ Caswell. "It goes back to our founding fathers. What happened to me was so un-American."

Someone needs to tell US Attorney Ortiz, who has not yet given up the fight for the Caswell Motel. On Tuesday, her office said "we are weighing our options with respect to appeal." They have until March 15 to file, and until then, Russ Caswell and his motel still aren't in the clear.

Did You Know? "Incarcerated Felon Population in the US by Type of Crime Committed, 1974-2008," on ProCon.org

Did you know that drug cases accounted for nearly a quarter of all people incarcerated for felonies as of 2008, and more than half of all federal felony incarcerations? Read the details in "Incarcerated Felon Population in the US by Type of Crime Committed, 1974-2008," on the web site felonvoting.procon.org, part of the ProCon.org family.

This is the fourth in a six-part series of ProCon.org teasers being published in Drug War Chronicle. Keep tuning in to the Chronicle for more important facts from ProCon.org the next several weeks, or sign up for ProCon.org's email list or RSS feed. Read last week's Chronicle ProCon.org highlight piece here.

ProCon.org is a web site promoting critical thinking, education, and informed citizenship by presenting controversial issues in a straightforward, nonpartisan primarily pro-con format.

Medical Marijuana Update

The agonizingly slow pace of implementing medical marijuana laws is causing problems in several states, while in California, the never-ending battles continue. Let's get to it:

Arizona

Last Thursday, dispensary operators asked lawmakers to crack down on compassion clubs, unregulated businesses that seek a "fee" from patients who seek to obtain medical marijuana. There are no provisions for the clubs in the Arizona Medical Marijuana Act, but they have popped up statewide as patients waited for the opening of dispensaries, which were delayed because of prolonged legal battles between medical marijuana advocates and recalcitrant state and county officials. At a news conference outside the State Capitol, dispensary owners and medical marijuana patients joined with advocates to ask that police, prosecutors and legislators target the unregulated clubs so patients receive their medication in a controlled and secure environment.

Last Friday, Maricopa County appealed to the state Supreme Court to decide whether federal drug laws preempt the state's medical marijuana law. The move comes after a Maricopa County Superior Court judge ruled last month that federal drug laws don't stand in the way of public officials implementing Arizona's law.

On Tuesday, Tempe police raided two compassion clubs, arresting the owner. The cops hit Top Shelf Hydro College after purchasing "large amounts" of marijuana there. The name of the other club wasn't mentioned. The clubs are not permitted under state law, but have sprung up as advocates became frustrated waiting for dispensaries to open. Arizona voters approved medical marijuana in November 2010.

California

Last Thursday, US Attorney for Northern California Melinda Haag canceled a public appearance after hearing that she would be met by demonstrators. She canceled her appearance at Golden Gate University "at the last minute" after medical marijuana supporters announced plans to picket her talk. Three days later, at the California NORML conference, Rep. Tom Ammiano (D-San Francisco) took aim at the unpopular prosecutor, saying "I'm sorry to hear a house fell on her sister," a not-so-veiled reference to the Wicked Witch of the West in The Wizard of Oz.

On Monday, LA medical marijuana activists said they would support a city council dispensary initiative instead of moving forward with their own similar one. Representatives for Americans for Safe Access, the United Food and Commercial Workers Union and the Greater Los Angeles Collectives Alliance announced that they plan to campaign on behalf of the city’s proposal, which the city council is expected to vote this week to place on the ballot. That measure would only allow shops that opened before a 2007 moratorium to operate. Another initiative, also going to the voters, would allow most of the 500 or so currently existing dispensaries to stay open.

On Tuesday, Butte County released draft cultivation rules. The new draft ordinance includes a six mature plant limit on county parcels between .4 and 1.5 acres and an 18 mature plant limit on parcels between 1.5 and 3 acres, among other things. A public hearing is set for February 12.

Also on Tuesday, the San Diego city council voted not to drop pending dispensary cases as Mayor Bob Filner ordered earlier this month, but will instead maintain the status quo until he introduces a new ordinance to regulate them within 30 days. City officials said a zoning ordinance similar to one adopted by the council in 2011 would be brought up for discussion. But that measure triggered a successful petition drive to repeal it.

Massachusetts

Last Wednesday, the Malden city council approved an ordinance restricting the location of medical marijuana businesses. They cannot operate in commercial or residential areas, just industrial ones.

Also last Wednesday, the Peabody city council voted to ban dispensaries. The unanimous vote came after Mayor Ted Bettencourt worried aloud that the dispensaries would send the wrong message to Peabody youth. It becomes the eighth town in the state to ban dispensaries.

Michigan

On Wednesday, the state appeals court ruled that patients can give small amounts of marijuana to other patients without breaking the law. The appeals court agreed with a Barry County judge who had dismissed charges against Tony Green after he provided less than 2 ½ ounces of medical marijuana to Al Thornton in November 2011. Both were qualified patients. The appeals court ruled in 2011 that sales are illegal; that case is pending before the state Supreme Court.

New Jersey

Last Thursday, a Superior Court judge refused to appoint a monitor to supervise the state's stalled medical marijuana program, instead sending the case to the Appellate Division. Two patients had sued the state Department of Health last year, saying they were denied medication because the department took nearly three years to get the program under way. Their lawyers sought a monitor and court orders compelling corrective action. Now they will have to seek results from the appellate court.

Washington

Last Thursday, the Longview city council passed zoning restrictions on collective gardens. The measure passed by the council restricts them to the Mint Farm Industrial Park and an area along Industrial Way. The city has a moratorium on the gardens, but it expires in March, and without the zoning restrictions, people would have been able to plant gardens anywhere after the moratorium expired.

Welfare Drug Testing Bill Moving in Virginia

A Republican-backed bill that would subject welfare recipients to drug testing has passed a second committee vote and now heads for the Senate floor. The bill was approved in the Senate Rehabilitation and Social Services Committee earlier this month and passed out of the Senate Finance Committee Tuesday on a 10-5 vote.

The bill, Senate Bill 721, would require all 14,500 participants in the state's welfare-to-work program to undergo preliminary screening to assess their likelihood of drug use. Those flagged as potential drug users would then be tested by the Department of Social Services.

Failing a drug test would result in loss of benefits for a year, as would refusing to take one. But benefits could be reinstated if the person undergoes drug treatment. That provision was added in hopes of making the bill more palatable to the House, where a similar measure died last year.

"It's been toned down quite a bit from the original thing. "If there's welfare recipients using, we can help them with their addiction," said Sen. Frank Wagner (R-Virginia Beach) who sits on the Finance Committee. "You're hoping welfare payments are going to support families and not to purchase narcotics," he said in remarks reported by the Washington Examiner.

But opponents of the legislation said drug testing welfare recipients stigmatizes poor people and unfairly targets them while not aiming at other recipients of government largesse, such as students who receive college tuition grants, small businesses that get economic assistance, or legislators who get their paychecks from the state.

"Why are Republicans so suspicious of poor people? It begs the question," said Sen. Louise Lucas (D-Portsmouth). "This is insulting. The fact is, very few of those who qualify for temporary public assistance use illegal drugs."

Virginia is one of at least a dozen states where bills mandating drug testing for public benefits recipients have been filed so far this year. That number is likely to increase as the legislative season gears up. Last year, about two dozen such bills were filed, but only one in Georgia passed.

Florida had passed a welfare drug testing bill in 2011, but it has been put on hold by a federal court judge while she considers whether to rule it unconstitutional as a suspicionless search under the Fourth Amendment. Georgia, too, has put its bill on hold pending that decision.

The Virginia bill, however, seeks to avoid that constitutional problem by adding the preliminary step of screening in order to have a "reasonable suspicion" as the basis for the drug testing.

Richmond, VA
United States

Czech Parliament Approves Medical Marijuana

The Czech Senate Wednesday approved a bill allowing for the medical use of marijuana by an overwhelming margin of 67-2. The measure had already passed the lower house of parliament.

The bill passed with support from all the political parties represented in the parliament. Newly-elected Czech President Milos Zeman is expected to sign it into law.

But while medical marijuana advocates are pleased that their government has moved to legalize the use of the herb for medicinal purposes, they are less happy with a provision that says only imported marijuana will be allowed to be sold for the first year "to ensure standards." That will make medical marijuana too expensive while enriching the black market and the few companies that will be selected as official traders of it.

"It's legal, pharmaceutical and economic corruption," said Dusan Dvorak, a medical-cannabis activist who leads the nonprofit organization Marijuana is Medicine. "The result of the law should be access to cannabis for research and medical uses. But the real result is that it won't be made available, it'll be more expensive, it'll bolster the black market and the mafia," he told the Wall Street Journal's Emerging Europe blog.

"For a long time I've supported enabling the medical use of cannabis… but I have to say that I'm very disappointed by what we've got on the table today," said Alena Gajduskova, the first-deputy Chairwoman of the Senate, who voted in favor of the bill despite reservations. "These medicines are proven; they're very efficient but shouldn't be a luxury good. That is completely unacceptable."

Gajduskova suggested that a solution would be to allow the country's "grandmother growers," who already have plants growing on their balconies and in their gardens to legally grow the plants, or at least remove the threat of criminal prosecution.

"A small amount of [marijuana] for personal use isn't criminalized, so if we're able to tolerate that, I don't see why we couldn't tolerate the senior 'grandmother growers' [for medical use]. And from the position of the Union of Patients of the Czech Republic, we'll work towards that goal," she said.

The Czech Republic is one of the most marijuana-friendly countries in Europe. Pot remains illegal, but in 2010, lawmakers removed all penalties for possession of up to a half ounce and cultivation of five or fewer plants. The following year, the government approved the use of medications using marijuana derivatives.

But it sounds like it still has some work to do on creating a viable medical marijuana distribution system.

Prague
Czech Republic

New Hampshire Marijuana Legalization Bill Filed

A bipartisan group of five legislators has introduced legislation to legalize marijuana possession in New Hampshire.

The bill, House Bill 492, would legalize the possession of up to an ounce by adults 21 and over and allow the cultivation of a limited number of plants by adults. It would also allow for licensed and regulated marijuana commerce.

The measure has majority support in the state, but just barely. A Public Policy Polling survey earlier this month found 53% supported changing state law to regulate marijuana alike alcohol, with 37% opposed.

The Granite State is only one of at least six states where legislators have filed or will file marijuana legalization bills this year. The others are Hawaii, Massachusetts, Rhode Island, Pennsylvania, Rhode Island, and Vermont.

Concord, NH
United States

This Week's Corrupt Cops Stories

Narcs gone bad, evidence gone missing, cops gone over to the other side, and another jailer in trouble. Just another week in the drug war. Let's get to it:

In Pontiac, Michigan, prosecutors have dismissed 16 drug cases after an investigation determined a deputy on the county's narcotics enforcement team falsified a search warrant and lied under oath. Deputy Marc Ferguson, 47, a 24-year law enforcement veteran who was fired in December, opened a shipping container without a warrant in June 2011 and discovered 78 pounds of marijuana. He then resealed the container and sought a search warrant from a Pontiac magistrate, signing a sworn affidavit under oath that asked for permission to open the container. Ferguson later denied on the witness stand that he opened the container without a warrant. Drug charges against the defendant in that case were dropped in September, and since then, prosecutors have been sifting through other cases involving Ferguson and have dismissed 15 more in which he was central to the investigation. No word yet on any possible perjury charges.

In Quantico, Virginia, the town's acting police chief and sole other full-time officer resigned last Tuesday in the wake of an audit that found the department had missing drugs, guns, and cash. At least $1,080 in cash was missing from the evidence room, along with an unknown quantity of marijuana and four handguns. Acting Police Chief Howard Castle and Officer Daryl Robinson resigned at a city council meeting. Three of the four handguns have been recovered, and the state continues to investigate. The town has also ordered polygraph tests for its department, which includes four certified volunteer officers.

In South Lake Tahoe, California, a former South Lake Tahoe police officer was arrested last Thursday on charges he tipped off drug traffickers to upcoming busts, tampered with witnesses, and had sex with underage students at a Lake Tahoe high school. John "Johnny" Poland had been on administrative leave for the past year after an investigation that began in March 2010, when he was observed associating with suspects tied to a plot to kill a gang investigator on the police force. He is accused of engaging in sexual conduct with a 17-year-old high school student when he was school resource officer from 2003 to 2006, and since then, engaging in a pattern of behavior using his position of power to groom underage girls for sex, leak confidential police information to gang members and intimidate potential witnesses. His charges include two counts for corruptly persuading a person to alter, destroy or conceal an object's integrity or availability for use in an official proceeding, and attempting to do so; and three counts for corruptly persuading another person with the intent to influence the testimony of any person in an official proceeding, and attempting to do so. He is portrayed as being in a love triangle with the girlfriend of a gang leader and as making calls on his personal cell phone to methamphetamine dealers before execution of federal search warrants. At last report, he was being held without bail in the Sacramento County Jail.

In Putnamville, Indiana, a Putnamville jail guard was arrested last Saturday for smuggling drugs in to an inmate. Andreas Kirby, 20, went down after setting off the alarm on a metal detector at work at the jail, and after being interviewed by a police officer, surrendered three packages that were concealed in his groin area. He is charged with trafficking with an inmate, possession of cocaine, possession of marijuana, and two counts of possession of a controlled substance. He had only been on the job since September.

In Houston, two Houston police officers were arrested Sunday on charges they took bribes and allowed cocaine to be smuggled and distributed in the Houston area. Officers Emerson Canizales and Michael Miceli allegedly conspired in December to possess cocaine and received payments of $1,000 each for providing protection. They are charged with conspiracy to possess cocaine with intent to distribute and accepting bribes for protection services.

NCAA to Tighten Up Marijuana Testing, But Reduce Penalties

The NCAA is reducing the threshold for a positive result for marijuana, meaning that student athletes who smoke pot are more likely to be caught. At the same time, however, it is recommending reducing the penalty for those testing positive for marijuana.

NCAA game, North Carolina v. Michigan State, 2005 (courtesy Haaron755 on Wikimedia.org)
The testing threshold will drop from 15 nanograms per milliliter of blood to five nanograms in order to "more accurately identify usage among student athletes," the group's Committee on Competitive Safeguards and Medical Aspects of Sport announced last Friday.

The lower marijuana threshold will go into effect on August 1 and would require a season-long suspension from athletic activities, the same penalty for those athletes caught using performance-enhancing drugs. The CSMAS is recommending that the penalty for positive marijuana tests be lowered to a half-season suspension because it doesn't consider the herb to be a performance-enhancing drug, but that change won't come into effect until August 2014.

That means the NCAA could see a spike in one-year suspensions for pot as the new, tighter threshold goes into effect, but the move to reduce penalties lags behind.

CSMAS explained that marijuana had not been part of athletic drug testing until after some Olympic snow boarders tested positive for it after the 1998 games and embarrassed Olympic officials:

"At that time, there was no penalty for a positive marijuana test, but many in the Olympic family were embarrassed about the test results. This led to placing marijuana on the in-competition list of banned drugs," the panel said on its web site. "Many scientists and clinicians have debated whether marijuana is truly performance enhancing. Indeed, John Fahey, the president of the World Anti-Doping Agency, recently acknowledged that many scientists believe that the current marijuana criteria need to be amended, and he further stated that this matter will be considered in a review process."

If marijuana is not a performance-enhancing drug, why should athletes be penalized for using it? CSMAS is glad you asked:

"The World Anti-Doping Agency lists three reasons for drug testing in sport: (1) to prevent cheating through the use of performance-enhancing substances and methods; (2) to deter athletes from ingesting substances that may harm the athlete’s health; and (3) to deter athletes from ingesting substances or engaging in doping methods that are contrary to the spirit of sport," the group explained. "Whereas the CSMAS rightly focused on the fact that marijuana and other street drugs are not performance enhancing, the committee also recognizes that the universe of sport is special, and the student-athlete is obliged to embrace the spirit of sport. We do not believe that student-athletes should be ingesting marijuana and other street drugs, and we believe that a combination of penalties coupled with behavioral intervention is the most balanced approach to this issue."

And does this mean an athlete who smoked a joint a month before the big bowl game could test positive for marijuana and face penalties from the NCAA?

"Yes," said CSMAS.

Indianapolis, IN
United States

FDA Panel Wants Tighter Control over Pain Pills

A US Food and Drug Administration advisory panel voted last Friday to recommend that popular pain relievers containing the opioid hydrocodone be moved from Schedule III to Schedule II of the Controlled Substances Act. Popular prescription drugs containing hydrocodone include Vicodin and Lortab.

That would put Lortab and Vicodin in the same schedule as morphine and Oyxcontin, which contains oxycodone.

If the FDA agrees with its advisory panel and reschedules hydrocodone, pain patients using the drug will have to go the doctor's office to get prescriptions written twice as frequently as now. Schedule III drugs can be prescribed for up to six months at a time, while Schedule II drugs can only be prescribed for three months without another visit to the doctor.

The FDA has for years resisted efforts to tighten controls over hydrocodone, saying it could limit patients' access to pain medicine, but as overdose deaths and addiction rates from prescription pain relievers have jumped in recent years, pressure has been mounting on the agency. The agency is acting now after receiving a request from the DEA to consider rescheduling.

The advisory panel's 19-10 vote received mixed reviews from experts consulted by the Milwaukee Journal-Sentinel.

Andrew Kolodny, a psychiatrist and addiction specialist who heads Physicians for Responsible Opiate Prescribing lauded the vote, saying it will lead to fewer people getting addicted to opiates.

"Doctors have had a false sense of security (about prescribing the drugs)," said Kolodny. "This is a clear message that hydrocodone is addictive," he told the Wisconsin newspaper.

"It seemed pretty clear to me that the preponderance of the evidence supported rescheduling," said Peter Kaboli, associate professor at the University of Iowa Carver College of Medicine.

But Jan Chambers, president of the National Fibromyalgia and Chronic Pain Association, said she voted against the proposal because she has heard so much from family members of people who have committed suicide because they are in such pain.

"Millions of people don't have access to the pain specialist or the doctors who can prescribe these Schedule III drugs," she said.

And Lynn Webster, president-elect of the American Academy of Pain Medicine, said putting tighter controls on hydrocodone will reduce prescribing and abuse, but worried about the impact on pain patients.

"I hope chronic pain patients and acute pain patients don't suffer as a result," said Webster, who spoke at the panel hearing but was not a panel member.

The FDA has not said when it will make a final decision on the issue. Now, the FDA and the National Institutes of Health must make a recommendation to the assistant secretary for health, who will make a final recommendation to the DEA.

Washington, DC
United States

It Looks Like 2016 for a Marijuana Legalization Bid in California [FEATURE]

If the first day of the California NORML state conference is any indication, most of the major players in Golden State marijuana law reform are lining up behind the idea of waiting until 2016 to try another legalization initiative there. They have some good reasons, but not everybody's happy with that, and some heart-rending reasons why that's the case were also on display as California marijuana activists gathered in San Francisco for day one of the two-day event.

Stephen Gutwillig, Dale Gieringer, Paul Armentano
Richard Lee's groundbreaking Proposition 19 garnered 46.5% of the vote in the 2010 off-year election, and no marijuana legalization initiative campaigns managed to make it onto the ballot last year, although several groups tried. Meanwhile, Colorado and Washington beat California to the Promised Land, becoming the first states to legalize marijuana in last November's election.

Now, California activists are eager to make their state the next to legalize, but crafty movement strategists are counseling patience -- and trying to build their forces in the meantime. The Prop 19 campaign made a strong beginning, bringing in elements of organized labor and the black and Hispanic communities, as well as dissident law enforcement voices, to help form a coalition that came close, but didn't quite make it.

As CANORML deputy director Ellen Komp reminded the audience at a Saturday morning panel on what comes next for marijuana law reform, the people behind the Proposition 19 campaign have formed the core of the California Coalition for Cannabis Policy Reform in a bid to forge unity among the state's diverse, multi-sided, and sometimes fractious marijuana community -- and to encourage new voices to join the struggle.

For the Marijuana Policy Project, California is a big prize, but only part of a broader national strategy, and one that should most likely wait for 2016, said the group's executive director, Rob Kampia, as he explained its plan to push legalization bills in state legislatures in four states (Hawaii, New Hampshire, Rhode Island, Vermont) this year and beyond, but not pushing legalization initiatives anywhere but Alaska in 2014.

MPP is envisioning a big legalization initiative push in 2016 instead, setting its sights on seven states, including California, when the presidential election pumps up the vote. (The others are Arizona, Massachusetts, Maine, Montana, Nevada, and Oregon.)

"There's a big demographic difference between 2014 and 2016," said Kampia. "If we do 2016, it's ours to lose."

The Drug Policy Alliance, another major player with access to the big-time funding that can turn an initiative into a winner, also seemed to be looking to 2016.

"It's up to us how, where, and when marijuana prohibition will end," Steve Gutwillig, a DPA deputy executive director and former California state director told the full house at the Ft. Mason Conference Center, "but the presumption is 2016, more than 2014. We need to run a unified campaign, we need to build the base and do alliance-building among people who are already convinced."

spontaneous fundraiser for Daisy Bram
Those positions are in line with the thinking of long-time CANORML head Dale Gieringer, who has long argued that initiatives fare better in presidential election years.

Even some of the proponents of the competing initiatives from last year are, while not exactly enthusiastic about waiting for 2016, are seemingly resigned to it.

Steve Collette, who was a proponent of the Regulate Marijuana Like Wine initiative, told the Chronicle he would prefer 2014, but could get behind 2016, too, while Sebastopol attorney Omar Figueroa, coauthor of the Repeal Cannabis Prohibition Act initiative, implied in his remarks in a later panel that he, too, was resigned to waiting for 2016.

Noting the confused state of California's medical marijuana laws -- "Nobody knows what the laws are!" -- Figueroa argued for either legislative action or a 2014 medical marijuana initiative "until a legalization initiative in 2016."

Not everyone was as ready to give up on 2014 just yet. Displeased grumblings were heard in the hallways, and an earnest advocate for the Herer-ite California Cannabis Hemp Initiative 2014 took advantage of a post-panel question-and-answer opportunity to declaim in support of it.

The most powerful and visceral opposition to waiting came in the form of Daisy Bram, a mother of three young children and legal medical marijuana grower. Bram became a symbol of the cruelty of pot prohibition last year, when local authorities in rural Butte County raided her grow, seized her children and place them in foster care, and filed criminal charges against her.

Despite being counseled to comply with the demands of Child Protective Services officials in order to secure the return of her children, one of whom was quite literally torn from her arms, Bram fought back and eventually won the return of children. But just this past week, it happened again. Another raid in another county -- although led by the same investigator -- has resulted in new criminal charges and her children once again being taken by the state.

Omar Figueroa, Michael Levinsohn, Daisy Bram
"My kids need you," she told the hushed crowd. "If it were legal, they wouldn't have my kids."

Daisy Bram doesn't want to wait until 2016 for marijuana to be legalized, she wants it yesterday, and she wants justice, and, most of all, she wants her children back in her arms. Her brief presentation at a panel Saturday afternoon was chilling, impassioned, and powerful, and visibly moved many in the audience.

[Update: CANORML reported Wednesday that at a family court appearance the previous day in her Tehama County case, the state authorities who are already seized her children seized her personal vehicle, a 2002 Ford Explorer, which they claim was the proceeds of crime.]

And while California is a state where just about anyone can get a medical marijuana card and possession of under an ounce is decriminalized, the case of Daisy Bram makes the uncomfortable point that marijuana prohibition continues to exact a real toll on real people, including the innocent. It's not just mothers labeled child abusers because the grow pot; it's also fathers denied visitation, patients thrown out of public housing, workers who must choose between their medicine and their jobs.

It's a bit easier to be sanguine about waiting until 2016 when you're not the one being bitten by those lingering vestiges of prohibition. As Komp put it when introducing Bram, until there is legalization, "there is a lot of human rights work to be done."

San Francisco, CA
United States

Oregon Bill Would Make Cigarettes Controlled Substances

An Oregon lawmaker has introduced a bill that would make cigarettes a Schedule III controlled substance. That means it would be illegal to possess or distribute cigarettes without a doctor's prescription.

Rep. Mitch Greenlick (osea.org)
Other Oregon Schedule III drugs include ketamine, LSD, and anabolic steroids.

Sponsored by Rep. Mitch Greenlick (D-Portland), the bill, House Bill 2077, would make violations a Class A misdemeanor with a maximum penalty of up to one year in prison, a $6,250 fine, or both. The same penalty would apply to both possession and distribution.

The bill directs the state Board of Pharmacy to "adopt rules to classify nicotine as a Schedule III controlled substance." It would also require people involved in tobacco transactions keep records and to "forward the records to the State Police if directed to do so by the department." Failure to do so would also be a Class A misdemeanor.

The bill had a first reading last week and has now been referred to the Judiciary Committee.

Eugene, OR
United States

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